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What is a mortis causa succession?
Succession by reason of death is the phenomenon governing the transmission of a deceased person's assets to his or her heirs and legatees. The law of succession establishes the criteria for the distribution of the deceased's assets, the rights of legal and testamentary heirs, and the procedures for the appointment of executors or administrators of the estate. This is a very sensitive area in which certain institutions such as: wills, lawful succession, and inheritance taxes come to the fore.
What characteristics can a succession have?
Legitimate inheritance
Legitimate succession is the institution that guarantees the spouse, descendants, ascendants and other relatives specified by law a share of the deceased's estate; it is a fundamental institution to ensure that the estate is not completely dispersed among third parties outside the family. We can assist you in reconstructing the assets of your loved ones after their death and to understand whether what you have received corresponds to what the law recognizes.
Testamentary succession
A will is an extremely important act in everyone's life; uninformed drafting can result in quarrels that can sour family relationships and cause financial losses. It is also an act that must be written following precise rules about which we can assist and inform you.
In both cases, the law ensures that certain individuals, called legitimate or necessary heirs (the children, the spouse/unmarried partner - part of the "civil union" - and, in the absence of children, the parents and other ascendants) are always reserved a share of the inheritance (so-called legitimate share)
Contract of partition
Partition is often the last moment in the succession process; an erroneous reconstruction of the assets to be divided can have very significant consequences on what each person will receive: gifts made during the deceased's lifetime, unrecorded assets, money and real estate must be correctly classified and valued to ensure that each successor receives his or her share. We can assist you in all these delicate steps and activities.
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